Commonwealth Consolidated Acts

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PROCEEDS OF CRIME ACT 2002 - SECT 187

Requirements made of person examined

  (1)   The person may be examined on oath or affirmation by:

  (a)   the * approved examiner; and

  (b)   the * responsible authority.

  (2)   The * approved examiner may, for that purpose:

  (a)   require the person either to take an oath or to make an affirmation; and

  (b)   administer an oath or affirmation to the person.

  (3)   The oath or affirmation to be taken or made by the person for the purposes of the * examination is an oath or affirmation that the statements that the person will make will be true.

  (4)   The * examination must not relate to a person's * affairs:

  (a)   if the * examination relates to a * restraining order and the person is no longer a person whose affairs can, under section   180, be subject to the examination; or

  (aa)   if the examination relates to an application for exclusion from forfeiture and the person is no longer a person whose affairs can, under section   180A, be subject to the examination; or

  (ab)   if the examination relates to an application for an order under section   77 or 94A and the person is no longer a person whose affairs can, under section   180B, be subject to the examination; or

  (ac)   if the examination relates to an application for an order under section   102 and the person is no longer a person whose affairs can, under section   180C, be subject to the examination; or

  (ad)   if the examination relates to a * confiscation order that has not been satisfied and the person is no longer a person whose affairs can, under section   180D, be subject to the examination; or

  (ae)   if the examination relates to a * restraining order that has been revoked and the person is no longer a person whose affairs can, under section   180E, be subject to the examination; or

  (b)   if the examination relates to the * quashing of a conviction for an offence and the person is no longer a person whose affairs can, under section   181, be subject to the examination; or

  (c)   if the examination relates to an application for an order under section   57 and the person is no longer a person whose affairs can, under section   181A, be subject to the examination; or

  (d)   if the examination relates to an application for an order under section   103 and the person is no longer a person whose affairs can, under section   181B, be subject to the examination.

  (5)   The * approved examiner may require the person to answer a question that:

  (a)   is put to the person at the * examination; and

  (b)   is relevant to the * affairs of a person whose affairs can, under section   180, 180A, 180B, 180C, 180D, 180E, 181, 181A or 181B, be subject to the examination.



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